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This entry was published on 2014-09-22
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SECTION 1505-A
Additional requirements for incorporation of crematories
Not-for-Profit Corporation (NPC) CHAPTER 35, ARTICLE 15
§ 1505-a. Additional requirements for incorporation of crematories.

(a) Approval. A cemetery corporation seeking the approval to operate a
crematory must submit for approval by the cemetery board the following:
(1) a list of the directors, employees, and certificate holders of the
cemetery corporation; (2) a certified survey of the site and location
within the county it will be situated; (3) a business plan for the
operation of the crematory to include, but not be limited to, number of
expected cremations per year, number of cremation units, manufacture,
capital costs, financing, anticipated number of employees, types of
services provided, pricing thereof; (4) a description of the impact of
the proposed crematory on other crematories within the county or whether
the crematory will have an adverse impact on the surrounding community;
(5) plans, designs, and costs of any structures to be erected or
retrofitted for the crematory use; (6) a description of any approvals or
permits required by state or local law. No crematory shall be approved
until such other approvals or permits have been obtained. Any board
approval of a crematory shall be so conditioned.

(b) Further information. Within thirty-five days following receipt of
the information required by paragraph (a) of this section, the cemetery
board or the division of cemeteries may request from the cemetery
corporation any additional information or documentation and technical
assistance deemed necessary to review such information. Such information
shall not be deemed complete until the requested additional information
has been received. If no such request is made, the submission shall be
deemed complete on the thirty-fifth day after its receipt by the
division.

(c) Determination. The cemetery board shall approve or deny the
proposed crematory within ninety days of the completed submission.

(d) Notification. The cemetery board shall provide written notice of
its determination to the cemetery corporation. If a negative
determination is made, such notice shall state the reasons therefor.
Notice shall be made by registered or certified mail addressed to the
corporation at its principal office.